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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34234
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My brother lives in Paphos, his son 8, whom he had with an

Customer Question

My brother lives in Paphos, his son 8, whom he had with an English girl has been taken to the UK to live with her family permanently. In Cypriot court an order was put in place regarding contact with my brother, and the rest of our family residing in England. The mother has not followed what was agreed in court over there. What can we do? Is the Cypriot court order enforceable here in the UK and if so how do we go about enforcing it here? Is she breaking the law?
Thanks
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
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Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
when was the Cypriot Order made?
Clare
Customer: replied 2 years ago.

The Cypriot order was made in June of last year. The mother of child concerned told my brother she was leaving to live in the UK in November 2014 but she actually disappeared to Britain in the August without notifying my brother that she was taking his son then.

Expert:  Clare replied 2 years ago.
Hi
Has your brother seen the child since then?
Clare
Customer: replied 2 years ago.

No. He has not, the child doesn't want to talk to him according to the mum, the family here in England have seen him twice, the arrangements were that he was to stay with our parents every other weekend and spend Christmas with us, then go back to Cyprus to spend new year with my brother (boys dad) but none of this has happened

Expert:  Clare replied 2 years ago.
Hi
Your brother has two choices
He can indeed enforce the Order that was made in Cyprus using the EU process and an Article 41(1) Certificate which has to be completed by the Cyprus authorities
You can read more here
http://www.reunite.org/edit/files/articles/Enforcement%20of%20Judgements%20in%20Children%20Cases.pdf
Alternatively he can apply to the courts here in the Uk for a new Order.
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Thanks. If he gets this certificate and goes through the EU process and she still does not meet this, how would the courts in UK go about enforcing it?

Expert:  Clare replied 2 years ago.
Hi
The courts have a range of options from financial penalties: community service orders and ultimately imprisonment
Clare
Customer: replied 2 years ago.

But the cypriot order, certificate and if needed to apply for new court order, would have to be done by my brother himself? or would our family be able to do it on his behalf?

Thanks

Expert:  Clare replied 2 years ago.
Hi
I am afraid that your brother has to actually head the application - but he can be supported and assisted by his family
Clare
Customer: replied 2 years ago.

Thanks, ***** ***** thing, is there anything that can go against his application for certificate or new order here in the uk.

I know that he is quite hot-headed and has called the mum several times asking when he can see his son and our mum see her grandson and knowing my brother he probably called her names etc. Would that be taken into consideration as well?

Expert:  Clare replied 2 years ago.
Hi
This should not be a problem - in the Uk Contact is seen as the right of the child
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34234
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thanks, you've been really helpful.

I will pass this information on.

Once again, many thanks

Kindest Regards

Expert:  Clare replied 2 years ago.
Hi
You are most welcome - I hope that all goes well
Clare